DINESH VISHAVKARMA S/O NAWAL SINGH VISHAVKARMA v. STATE OF RAJASTHAN
CRLMB/341/2025 · 2025-01-23
Birendra Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35583 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35583 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:3320] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 15703/2024 Ranjeet Thapa S/o Shri Man Bahadur, Aged About 40 Years, R/o Village Dewaria, Ward No.07, Police Station Jeeparka, District Kelali, Nepal. (The Accused-Petitioner Presently Confined In Central Jail, Jaipur) ----Petitioner Versus State of Rajasthan through P.P. ----Respondent Connected With S.B. Criminal Misc. 2nd Bail Application No.15772/2024 Ram Bahadur Saud @ RJ S/o Man Bahadur, Aged About 35 Years, R/o Village Kuskot, Police Station Millaik, Village Palika, Near Nagar Mandu High Government School, Ward No.04, District Aacham, Nepal. (At Present Accused-Petitioner Confined In Central Jail Jaipur). ----Petitioner Versus State of Rajasthan through P.P. ----Respondent S.B. Criminal Misc. 2nd Bail Application No. 15773/2024 Tapendra Bahadur Saud S/o Bhan Bahadur Saud, Aged About 28 Years, R/o Village Kuskot, Police Station Millaik, Village Palika, Ward No.04, District Aacham, Nepal. (At Present Accused- Petitioner Confined In Central Jail Jaipur). ----Petitioner Versus State of Rajasthan through P.P. ----Respondent
[2025:RJ-JP:3320] (2 of 4) [CRLMB-15703/2024] S.B. Criminal Misc. 2nd Bail Application No. 341/2025 Dinesh Vishavkarma S/o Nawal Singh Vishavkarma, Aged About 28 Years, R/o Navtiya, Ward No.1, District Kailali, Nepal. (At Present Accused-Petitioner Confined In Central Jail Jaipur) ----Petitioner Versus State of Rajasthan through P.P.. ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta (through VC) Ms. Aayushi Jain (through VC) For Respondent(s) : Mr. Vivek Sharma, PP (through VC) Mr. Priyank Pareek (through VC) Mr. Bhavishya Pareek (through VC) HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order 23/01/2025
1. These Criminal Misc. Second Bail Applications have been brought under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR No.219/2022 registered with Police Station Karni Vihar, District Jaipur (West) for offences under Sections 459, 342, 395, 397 and 120-B IPC.
2. Heard the parties.
3. Prosecution case is that on 02.05.2022, the domestic help of the informant namely Rudra along with his criminal associates abruptly entered into the house of the informant and committed assault and robbed the household articles.
[2025:RJ-JP:3320] (3 of 4) [CRLMB-15703/2024]
4. Petitioners were arrested on 04.05.2022 and they were identified in the T.I. Parade.
5. Earlier, prayer for bail was refused on 29.08.2023 in S.B. Criminal Misc. Bail Application No.11307/2022 along with other connected matters.
6.
Learned counsel for the petitioners submits that some other co-accused, who were also identified in the T.I. Parade namely Ganesh, Narayan Nepali and Tula Singh, have already been allowed bail by this Court in S.B. Criminal Misc. Bail Application No.6159/2024 and connected bail applications on 28.11.2024.
7.
Learned counsel for the State as well as informant opposed the prayer for bail on the ground that still permanent address of the petitioners is unknown as they are residents of Nepal and in the event of grant of bail, they would flee away and trial would hamper.
8. The aforesaid cannot be a ground to detain the petitioners, especially when the trial has not concluded in spite of long incarceration of the petitioners.
9.
Learned counsel for the informant further submits that the trial is likely to conclude very soon.
10. Considering grant of bail to similarly situated co-accused, let the accused-petitioners above-named be released on bail in the aforesaid FIR, if they are not wanted in any other case, provided each of them furnishes bail bond of Rs.50,000/- with two sureties of like amount (the sureties shall be resident of territorial jurisdiction of trial court) to the satisfaction of the learned trial court with following conditions :-
[2025:RJ-JP:3320] (4 of 4) [CRLMB-15703/2024] (i) The petitioners shall fully co-operate with the trial and shall not violate any of the conditions of bail, failing which, the trial judge would be at liberty to cancel the bail bonds of the petitioners. (ii) The petitioners shall not leave the Country without permission of the trial Court, otherwise it would amount to disobedience of the order of this Court and would be a ground for cancellation of bail. (iii) The petitioners shall not tamper with the evidence.
11. Accordingly, the instant bail applications stand allowed.
(BIRENDRA KUMAR),J 18-21-suraj/- Jaipur